O constitucionalismo contemporâneo e o controle das políticas de pessoal no serviço público : omissão administrativa e sua configuração como patologia corruptiva.

Abstract

The objective of the research involves the investigation of administrative omissions, with emphasis on the Personnel Policies development practices within the Public Service. Thus, it is part of the problem involving the omission behavior of the State-Administration, recognizing the presence of corrupting diseases in the context of the proper development of civil servants. Thus, in view of the proposed study, the objective is, initially, understanding the elements that surround this theme in order to investigate itself, retrospectively, any possibilities for treatments the issue in its multifarious forms of control. It should be recognized for appropriate, that research has strict correlation toward the line of research of contemporary constitutionalism and the investigative tradition of guiding, as it addresses issues related to public service, to combat the corrupting evils, and the necessary improvement of the human apparatus in the service of the Constitutional State in its contemporary bias. The chosen method is the inductive procedure, and the technique used is the bibliographic and documentary. The defined event is to recognize that with the conceptual maturation of complex institutions involved (v.g. omission, public service, corruption), it can be to assert the light of contemporary constitutional phenomenon, a forceful need to control the corrupting practices as harmful Management Brazilian Public (with an emphasis on its operation "internal" tied to People Management). Furthermore, it is proposed to examine the issue based on the headquarters of the theory of justice of John Rawls and deliberative democracy Jurgen Habermas in order to demonstrate that such theoretical constructs may have more adequate results (and legitimate) the problems imposed. Finally, it is concluded that the investigation into the fight against corruption in personnel policies is in line perfectly with the dictates of the innovative proposal of the Fundamental Right to Good Public Administration, so that form the basis for the assumption of a new state paradigm not yet experienced only in the current administrative logic, so entrenched in the old dictates, eg, the patrimonial and bureaucratic nature management. There is no doubt, therefore, that the progress intended by this academic research could open up new perspectives to the institutional and social problems experienced by the public administration in contemporary societies with a view to building a truly democratic state.